An Act concerning the open meetings
act; authorized subjects for discussion in closed or
executive meetings; amending K.S.A. 75-4317
and 75-4319 and repealing the existing
sections.

Be it enacted by the Legislature of the State of
Kansas:

Section 1. K.S.A. 75-4317 is hereby
amended to read as follows: 75-
4317. (a) In recognition of the fact that a representative
government is
dependent upon an informed electorate, it is declared to be the
policy of
this state that meetings for the conduct of governmental affairs
and the
transaction of governmental business be open to the public.

(b) It is declared hereby to be against
the public policy of this state
for any such meeting to be adjourned to another time or place in
order
to subvert the policy of open public meetings as pronounced in
subsection
(a).

(c) K.S.A. 75-4317 through 75-4320a
shall be known and may be citedas the open meetings act.

Sec. 2. K.S.A. 75-4319 is hereby
amended to read as follows: 75-
4319. (a) Upon formal motion made, seconded and carried, all bodies
and
agencies subject to thisthe open
meetings act may recess, but not adjourn,
open meetings for closed or executive meetings. Any motion to
recess for
a closed or executive meeting shall include a statement of (1) the
justi-
fication for closing the meeting, (2) the subjects to be discussed
during
the closed or executive meeting and (3) the time and place at which
the
open meeting shall resume. Such motion, including the required
state-
ment, shall be recorded in the minutes of the meeting and shall be
main-
tained as a part of the permanent records of the body or agency.
Discus-
sion during the closed or executive meeting shall be limited to
those
subjects stated in the motion.

(b) No subjects shall be discussed at any
closed or executive meeting,
except the following:

(1) Personnel matters of nonelected
personnel;

(2) consultation with an attorney for the
body or agency which would
be deemed privileged in the attorney-client relationship;

(3) matters relating to employer-employee
negotiations whether or
not in consultation with the representative or representatives of
the body
or agency;

(5) matters relating to actions adversely
or favorably affecting a per-
son as a student, patient or resident of a public institution,
except that
any such person shall have the right to a public hearing if
requested by
the person;

(6) preliminary discussions relating to
the acquisition of real property;

(7) matters permitted to be discussed in
a closed or executive meeting
pursuant to K.S.A. 74-8804 and amendments thereto;

(8) matters permitted to be discussed in
a closed or executive meeting
pursuant to subsection (a)(2)(J) of K.S.A. 38-1507 and
amendments
thereto or subsection (f) of K.S.A. 38-1508 and amendments
thereto;

(9) matters permitted to be discussed in
a closed or executive meeting
pursuant to subsection (j) of K.S.A. 22a-243 and amendments
thereto;

(10) matters permitted to be discussed in
a closed or executive meet-
ing pursuant to subsection (e) of K.S.A. 44-596 and amendments
thereto;

(11) matters permitted to be discussed in
a closed or executive meet-
ing pursuant to subsection (g) of K.S.A. 19971998 Supp. 39-7,119 and
amendments thereto; and

(12) matters required to be discussed in
a closed or executive meeting
pursuant to a tribal-state gaming compact.;
and

(13) matters relating to the security
of a public body or agency, publicbuilding or facility or the information system of a public body
or agency,if the discussion of such matters at an open meeting would
jeopardize thesecurity of such public body, agency, building, facility or
informationsystem.

(c) No binding action shall be taken
during closed or executive re-
cesses, and such recesses shall not be used as a subterfuge to
defeat the
purposes of this act.

Sec. 3. K.S.A. 75-4317 and 75-4319
are hereby repealed.

Sec. 4. This act shall take effect
and be in force from and after its
publication in the statute book.

I hereby certify that the above BILL originated in the
SENATE, and passed that body